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95-7690 R 1� 1�i A L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Comm.ittee: Date 1 WHEREAS, the Midway YMCA has received a 1994 City of 2 Saint Pau1 Chi1d Care Partnership Grant to replace children's 3 play equipment in its existing outdoor play area located on 4 property adjoining its facility at 1761 University Avenue, and 5 6 � i� WHEREAS, said play area is situated on City of Saint Paul property known as Dickerman Park, and WHEREAS, a children's play area is consistent with the purpose of a public park, and WHEREAS, the Midway YMCA agrees that said area is and will be available for public use, 11 NOW THEREFORE BE IT RESOLVED, that the necessary City 12 officials are hereby authorized to enter into an agreement with 13 the Midway YMCA to provide for the YMCA's installation of new 14 children's play area equipment and maintenance of said play area. Adopted by Council: Date �\� �� i--' Adoption Certified by Council retary By -_� .-���� Approved May�r: at � � BY � r'� L' Council File # �� 1lO f Green Sheet # J 3��! lfl Requested by: Div' ion o s an ecreation ( By. Form Approved by City Attorney BY� �_����?'� �19,5 Approved Mayor for Submission to Cou .. � By: � � � �5-��y� DEPARTMENT/ppFICE/COUNCIL DATE INITIATED � N 3 3 2 61 Parks and Recreation 6/26/95 G EEN SHEE _ CONTACT PERSON 8 PHONE INITIHUDATE INITIAUDATE �DEPARTMENTDIREGTOR �CRYCOUNCIL JOh❑ W1Pkd 266-6411 A���N �CIiYATfORNEY �CRYCLERK MUST BE ON CAUNCIL ACaENDA BY (DATE) �1YBER FOR � BUDGET DIRECTOP. � FIN. & MGT, SERVICES DIR. ROUnNG JUl 1995 oaoea MAVOR(ORASSISTANrJ � Parks & R red i ll 10TAL # OF SIGIiATURE PAGES 1 (CL1P ALL LOCATIONS FOR SIGTfATURE) . ACTION RE�UE$'fED: Approval of City Council Resolution authorizing execu±ion of agre?men� between City and Midway YMCA. RECAMMENDAnONS: npprove (A) w Rajeet (R) pEHSONAL SERVICE CONTflACTS MUST ANSW EH THE FOLLOWING QUES710NS: __ PLANNING CqMMISSION __ CIVIL SERVICE COMMISSION 1. Has this persoNfirm ever worked under a contract for Mis tlepartment? - CIB COMMITTEE YES NO � Stn� 2. Has this person/firm ever been a city employee? — — YES NO _ DlSiaici CAUn7 _ 3. Does this personftirm possess a skill not normall ossessed ity p y� y p by any current c' em lo ee. SUPPORTS WHICH COUNCIL OBJECTIVE? ' YES NO Explain all yas answe�s cn aeparate sheet anC attaeh te grean aheet INITIATING PflOBLEM, ISSUE, OPP�RTUNITY (Who. Whel, W�B�, Where, Why): Midway YMCA is replacing the equipment in its children's play area, which is located adjacent to the YMCA building in Dickerman Park. Project is funded in par ity Child Care Partnership Grant. Agreement provides for YMCA's installation and oing maintenance of the equipment. �UN 29 199� �� ADVANTAGES IFAPPROVED: ' � � � - ' Agreed upon equipment installation and maintenance responsibilities recorded. Permission established for play area to occupy park site. DISADVANTAGESIFAPPROVED: � � ,�e�y None ��� JUL � 7 1995 � �., ------____� OlSAOVANT0.GES IF NOT APPF30VE�: Play area will continue to exist, without record of agreed upon responsibilities. TOTAL AMOUNT OFTRANSACTION $ NA COST/REVENUE BUDGETED (CIqCLE ONE) VES NO FUNDING SOURCE ACT{VI7Y NUMBER FINANCIAL INFORMATION: (EXPLAIN) O6/27/95 15:52 FA% 612 646 5521 SAINT PAUL YMCA r,a � � �s- �� y June 27, 1995 Midway Family YMCA 1761 UnFvenity Avenue Sc Paul, NIN SS1Q4-3599 612-6=t6-4557 FAX 612-636-5�21 SOYu1 i7i=ka City of Saint Paul 300 Citp Hall Anaex 25 Rest Fovrth Street Saint Paul, HIi SS1D2 Re: Midway YMCB Playgrovnd Rules Dear Mr. Wirka, As we disevssed, the foblowinq are rules ior the playground agreed upon by the YMCA and the City of Saint Faul Parks and Recseation. The YMCA crill install and maiatai.n playground equipment, which shall be made anailable without chazge for use by the public - subject to rules, hours aad eonditions agreed upon by both parties hezeto. 3 The Plapgtound will be open to the public * The Playgronnd will be open normal park hours, typically sunrise to sunset • The YMCA will pzovide daily maintenance upkeep of the playgraund * The YMCA will inspect equipment daily and repair as needed. Thank you, Sincerely, ����"7 "� �r/K<;t,c� Brigid Nault Branch Executive v The missioa of ffie YMCA is top�u C4esnan pcuicipks inta pncuce by bnildmg self-esteem. mutual respeLt end a sun�exr commuoixy. YMCA p�ograms wide youtL, enrich families. enLance health aud pmmore mtucult�al mderstanding. (pr21) Revised 5/22/95 Authority (C.F or A_O.) Agreement NO. FINANCE DEPT. Agreement NO. PR/21 DATE: _ July 1 1995 C�t3'� CITY OF SAINT PAUL DEPARTMENI` OF PARKS AND RECREATION LESSEE: MIDWAY YMCA -- 1761 niversitv Avenue — - - Saint Paul Minnesota 55104 c�.��� CITY OF SAINT PAUL STA.NDARD REAL ESTATE AGREEMENT [1] Premises. The City, in consideration of the covenants and agreements herein contained, does hereby pernut entry by the YMCA onto the premises descr�'bed below, hereinafter referred to as the "Premises," whose address is: tZl Dickerman Park and which is legaliy described as: The northerly 44 feet of the easterly 75 feet of that part of Block 7, Dickerman Park, an addition to the City of Saint Paul, Minnesota, lying south of L.ot A, Dickerman's Rearrangement. See Exhibit "A", plan or map of the area in question which is incorporated herein by this reference. Term of Apreement This agreement shall be in effect for a term commencing and ending on the dates indicated below, unless terminatsd earlier by t�;,; C:t-y us p:ovided herein. Term (Months/Years) 5 years Commencing Date July 1, 1495 Ending Date June 30, 2000 (3] Use of Premises. The YMCA shall use and occupy the Premises for the foliowing purpose: and for no other purpose without the prior written consent of the City. ����� [4] Access. At all times during the term of this agreement, the City shall have the right, by iuel� its agents and empioyees, to enter into and upon the Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [Sj Insurance. The YMCA shall acquire during the term of this agreement the following coverage: (1) The YMCA shali be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMPREHENSIVE GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $600,000 per occurrence shall be purchased by the YMCA. Such insurance shall: (a) name the City of Saint Paul as insured; (b) be primary with respect to the City's insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by the City. (3) The YMCA shall supply to the City current insurance certificates for policies required; and said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (4) The insurance limit cited shall establish the minimum; and it is the sole responsibility of the YMCA to purchase and maintain additional insurance that may be necessary in relation to this agreement. (S) Nothing in this contract shall constitute a waiver by the City of any statutory limits or exceptions on liabiliry. (6) The YN1CA shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by the City, and shall deliver copies of the policies to the Caty on the date of execution of this agreement by the YMCA. The policy required shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first givina the City 60 days' written notice. j6] Cancellation or Termination This agreement shall be subject to cancellation and temunation by the City at a� time during the term hereof by giving the YMCA notice in writing at ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, the YMCA shall have removed all its personal property and shail have restored the grounds to a condition equivalent to the condition that prevai]ed prior to instal]ation of said personal property. 2 g� ��y [7) N tice. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on the City or the YMCA, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the YMCA at the address stated on page (1) and to the City at the Department of Parks and Recreation, 300 City Hall Annex, Saint Paul, Minnesota 55102. The address to wbich the notice shall be mailed may be changed by written notice given by either party to the other. Nothing berein sball preclude the giving of such address change notice by personal service. [8] Assignment. The YMCA shall not assign any rights accorded to it by this Agreement without the written consent of the City, which consent must be obtained prior to the execution by the YMCA of airy agreement to assign its rights on the Premises. [9] Maintenance and Repairs The YMCA shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of its playground equipment and the grounds on which they will have been installed, including but not limited to emergency repairs of any kind, and routine maintenance and repair to keep its equipment in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. The foregoing obligations shall bind the YMCA regardless of the cause of the damage or condition necessitating the repair or maintenance. [10] E�ension of Term At the conclusion of the Term of this Agreement, the YMCA may request a five year extension, all other terms and conditions to remain in full force and effect. Such request shall be reviewed by the City; and will be granted or denied based on the performance by the YMCA in complying to the terms and conditions of this Agreement. [ll] Surrender of Premises. The YMCA, at the expiration of said term, or a� sooner termination of this agreement, shall quit peacefully and surrender said property to the City in as good order and condition as prior to this Agreement. [12] Indemniri: The YMCA agrees to indemnify, defend, save and hold harmless the City of Saint Paul and arry agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of this Agreement between the City and the YMCA, or the use of the herein described Premises. It is fully understaod and agreed that the YMCA is aware of the conditions of the Premises and accepts the same "as is". [13] Holdover. Any holdover after the expiration of the term of this Agreement shall be allowed only after receiving the written consent of the City. Said occupancy shall be deemed to be from month-to-month. All other terms and conditions of this Agreement shall be applicable. �!'S-7�� [14j Pollution and Contaminants YMCA agrees to comply with all ordinances, laws, rules and tegulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. YMCA shail bear all cosu and expenses arising from compliance with said ordinances, laws, rules, or regulafions and shall indemnify, defend, save and hold harmless CI'TY from all liability, incIuding without limitation, fines, forfeitures, and penalties arising from the failure by YMCA to comply with such ordinances, laws, rules or regulations. CITY has the right to perform cleanup and charge the YMCA as Additional Rent for such costs should the YMCA fail to comply. [15] Events of Default. The occurrence of airy of the following events during the term of this Agreement shall constitute an event of default by the YMCA: (A) the filing of a petition to have the YMCA adjudicated banlQUpt or a petition for reorganization or azrangement under any laws of the United 5tates relating to bankruptcy filed by the YMCA; (B) in the event a petition to have the YMCA adjudicated bankrupt is filed against the YMCA, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of the YMCA or of the business conducted by the YMCA on the Premises be assumed by arry trustee or other person pursuant to airy judicial proceedings; �D) The YMCA makes any assignment for the benefit of creditors; (E) the failure by the YMCA to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Agreement; or (F) the failure by the YMCA pr its surety to discharge, satisfy or release airy lien or lien statement filed or recorded against the Premises within sixty days after the date of such filing or recording, whichever date is earlier. Ii is an e�cpress covenant and agreement of the City and the YMCA that the City may, at its election, terminate this Agreement in the event of the occurrence of a� of the events described in this paragraph or elsewhere in this agreement relating to liens by giving not less than ten days' written notice to the YMCA; and when so terminated, the City may reenter the Premises. This Agreement and its Premises shall not be treated as an asset of the YMCAs estate. It is further eacpressly understood and agreed that the City shall be entitled upon such reentry, notwithstanding any other provision of this Agreement, to exercise such rights and remedies as are provided in Paragraph [18] of this Agreement. [16) Comoliance w�th Laws The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the YMCA in the use of the property to comply with all laws, rules, regulations or ordinances imposed by airy jurisdiction affecting the use to which the property is proposed to be put. 4 / � `7G y [17] Liens.'The YMCA shall not pemut mechanic's liens or other liens to be filed or established or to remain against the Premises for labor, materials or services furnished in connection with azry additions, modifications, improvements, repairs, renewals or repiacements made to the Premises, or for arry other reason; provided that if the YMCA shall first notify the City of its intention to do so and shall deposit in escrow with the City a sum of money or a bond or irrevocable letter of credit acceptable to the City equal to the amount of the claim of lien, the YMCA may in good faith contest any such c]aims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undis- charged and unsatisfied during the period of such contest. If, in the opinion of the Citg the nonpayment of a� such items subjects tbe Premises to arry loss or forfeiture, the City may require the YMCA to use the escrow account to prompt]y pay all such unpaid items and if the YMCA fails to pay from the escrow account, the City may pay and charge the YMCA as Additional Rent. [18] Default Remedies. In the event an Event of Default occurs under paragraph [15] of this Agreement, the City may exercise any one or more of the following remedies: (A) terminate this agreement and exclude the YMCA from the Premises. (B) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (C) take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any obligation, agreement or covenant of the YMCA under this Agreement. No remedy herein conferred upon or reserved to the City is intended to be exclusive of am other availabie remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or thereafter existing at law or in equity by statute. No delay or omission to exercise arry such right or power accruing upon any default shali impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed eapedient. In order to entitle the City to exercise any remedy re- served to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. [19] Amended. Anything herein contained to the contrary not withstanding, this Agreement may be terminated, and the provisions of this Agreement may be, in writing, amended by mutual consent of the parties hereto. 9s-�� � IN WITNESS WHEItEOF, the parties hereto have set their hands and seals the day and year in this Agreement first above-written. City: Mayor City Clerk Director of Pinance & Management Services Department Director City Attorney (Form Approval) I'NICA: Its Its Its 0